Bagels at a Bar Mitzvah

Shteeeven

LoanSafe Member
Dec 5, 2017
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I hope everyone is doing well. I did receive a final loan modification and have been making the payments. The case has been settled, I just didn’t know if I should say it. I have a yard full of cannas daylillies iris roses and hostas. I’m in the middle of laying a 1000 square foot patio and my back is feeling a lot better than it did for the last few years. Things are looking up for me and I wish you all the same luck as I’ve recently come across. I do on a daily basis look further into how corrupt the entire banking industry is and it’s pretty disgusting to know they never even paid a dime into your investment and you funded it your own signature. Anyways I just wanted to say hi and I still lurk here
 
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wanda robo

LoanSafe Member
Sep 29, 2012
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I hope everyone is doing well. I did receive a final loan modification and have been making the payments. The case has been settled, I just didn’t know if I should say it. I have a yard full of cannas daylillies iris roses and hostas. I’m in the middle of laying a 1000 square foot patio and my back is feeling a lot better than it did for the last few years. Things are looking up for me and I wish you all the same luck as I’ve recently come across. I do on a daily basis look further into how corrupt the entire banking industry is and it’s pretty disgusting to know they never even paid a dime into your investment and you funded it your own signature. Anyways I just wanted to say hi and I still lurk here

I'm happy for you.LOL, make sure the roses, cannas & daylilies are in the sun & the hostas are in the shade!
:)
It's not just the banking industry that is corrupt, my friend......the corruption is far reaching.
:(
 

just_me

LoanSafe Member
Sep 14, 2015
503
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MT, Did you have Ocwen? This could be related to a servicing sale. I've had at least a dozen different attorneys on mine but mostly same mill.
 

just_me

LoanSafe Member
Sep 14, 2015
503
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So this happened.....

I fired off discovery requests. The RCP here allows them 30 days to respond. Of course, they did not. So, I sent an email requesting an update on when said responses should be expected. Again, no response. Next step is one final attempt as required by law, and then it's on to compelling their answers.

I don't believe they want to have to answer those requests. So, I'm expecting that they will do their best to ignore the requests. Within the next week or so, I will know if I will be forced to compel or not. We'll see what happens...
You need to (also) put it in writing and quote whatever statute requires their response. They could be ignoring your format or some technical error. Not nice, but they do it.
 

isisis

LoanSafe Member
Jun 22, 2010
1,662
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North bay
If it is indeed transferable, the question is to Whom? It should be the party entitled to receive payments under this Note - the "Note Holder". The loan servicers are not entitled to receive payments, but are contracted to just collect them. Entitlement and collecting are two different terms. Hey, we didn't write the Note, so onus is on them. It's not their entitlement. However, in most foreclosure cases it seems the servicer usually brings the lawsuit as a "holder" for an unknown party and if one does not defend, the other side usually wins. By questioning holder status in order to defend your home, and a Court/Judge actually "gets it" and enforces the written wording on the note, you may win the day. Good Luck to all of us.
The docs used in my recent Bofa lawsuit were a fabricated, forged assignment of the DOT with actual evidence of forgery, the legal official signature of T. Sevillano to which the signature on the DOT note bore no semblance - all thanks to our excellent Wanda - and the alleged note bearing no endorsement whatsoever. But it just didn't matter in this benighted state of Californication.

Though if things get dicey - and the possibility exists that they might those documents and evidence might be used in a back handed sort of way. By sending them to the bank's attorneys and pointing out the potential consequences of presenting false evidence in court. Previously they may have suspected the docs fraudulent nature - you can present false evidence in court as long as you don't know that it's false evidence. But once you know it's false then it can get hairy. It's a felony and a violation of the rules of professional conduct.
 

wanda robo

LoanSafe Member
Sep 29, 2012
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This might sound stupid because I am not computer savvy. Did you guys know you can transcribe a youtube video and turn it into text?
I was trying to figure out how to get the HUD video into the record in the future & came across a video that explains how to transcribe a youtube video. It take seconds & is very easy.
;)

LOL, wanda should collaborate to write "Litigation for Dummies".
:)
 

just_me

LoanSafe Member
Sep 14, 2015
503
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28
Thanks Wanda, that sounds like a useful tool! Give us the link on that transcription video. What software are they using?
 

moretrouble

LoanSafe Member
Nov 14, 2009
1,350
208
63
MT, Did you have Ocwen? This could be related to a servicing sale. I've had at least a dozen different attorneys on mine but mostly same mill.
No I have BOfA collecting for Ocwen. Ocwen just reported its quarterly (lack of) earning. Big loss due to write down. Ocwen thought it would make $200Kplus on my loan but now looking at losing 400K plus legal fees and I may sue them ( Ocwen and BOfA) to further expose it’s fraud to the big boys. I love this game.
 

just_me

LoanSafe Member
Sep 14, 2015
503
36
28
The docs used in my recent Bofa lawsuit were a fabricated, forged assignment of the DOT with actual evidence of forgery, the legal official signature of T. Sevillano to which the signature on the DOT note bore no semblance - all thanks to our excellent Wanda - and the alleged note bearing no endorsement whatsoever. But it just didn't matter in this benighted state of Californication.

Though if things get dicey - and the possibility exists that they might those documents and evidence might be used in a back handed sort of way. By sending them to the bank's attorneys and pointing out the potential consequences of presenting false evidence in court. Previously they may have suspected the docs fraudulent nature - you can present false evidence in court as long as you don't know that it's false evidence. But once you know it's false then it can get hairy. It's a felony and a violation of the rules of professional conduct.
That's actually a good idea ISIS. I believe it's possible that opposing counsel may present the fabricated note at MSJ hearing. Do you think this is something I should do? MSJ hearing is in 2 wks. (evidence illustrates spurious signature) My strongest argument is that they did not possess the note at the time of the complaint. (standing) So this fraudulent sig may not matter to the court or be worth arguing. I know many have tried before. -- I was originally thinking to just have evidence handy to counter at hearing if/when they attempt such. They have not presented this (an original wet ink note) and basically have requested ruling on the evidence already on file (a copy they used and certified as true by affidavit but without records proving holder status) I figured if they present new evidence, I can present new evidence against their new evidence. (or alternatively argue to exclude new evidence) I'm mulling a bit on strategy here. I do plan to obtain additional discovery (quickly) and may also request a continuance.
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,816
592
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Thanks Wanda, that sounds like a useful tool! Give us the link on that transcription video. What software are they using?


I used the 1st method & it worked like a charm. No software needed.
:)
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,816
592
113
NJ

I used the 1st method & it worked like a charm. No software needed.
:)

Sorry the 1st step is missing from the instructions. The video has to have closed captioning & you have to turn on the CC 1st, then follow the instructions:)
 

kraftykrab

LoanSafe Member
Jan 27, 2014
1,160
146
63
The docs used in my recent Bofa lawsuit were a fabricated, forged assignment of the DOT with actual evidence of forgery, the legal official signature of T. Sevillano to which the signature on the DOT note bore no semblance - all thanks to our excellent Wanda - and the alleged note bearing no endorsement whatsoever. But it just didn't matter in this benighted state of Californication.

Though if things get dicey - and the possibility exists that they might those documents and evidence might be used in a back handed sort of way. By sending them to the bank's attorneys and pointing out the potential consequences of presenting false evidence in court. Previously they may have suspected the docs fraudulent nature - you can present false evidence in court as long as you don't know that it's false evidence. But once you know it's false then it can get hairy. It's a felony and a violation of the rules of professional conduct.
I have done this as well---the moment that the attorney gets word that something is wrong, they are now aware of the concern. If they decide not to do their due diligence, then it's on their neck. That's exactly why I informed the opposing attorney about their client's lying to me so many times....in the end, the lawyer ignored all of it and lied to the court anyway, claiming that to their knowledge there was no dispute and so on and so on.....well, they had their chance to do it the legal way. Now, it's on them.
 

kraftykrab

LoanSafe Member
Jan 27, 2014
1,160
146
63
You need to (also) put it in writing and quote whatever statute requires their response. They could be ignoring your format or some technical error. Not nice, but they do it.
No, I did put it in writing, and I figured out what their malfunction was.

I sent discovery requests by both email and mail. The email version was unsigned, I just sent it as I had saved it as a courtesy. They lied and pretended that I never sent out the mail copy, which was signed. They have done this before.

In my state, discovery requests are void unless signed. So, they just pretended that I never sent them a signed copy. Too bad for them, all I need to do is certify--which I did--that I sent them a proper copy.

So, they can keep on trying to lie their way out of it. Truth is, I did everything the law requires, and I am going to move forward on that premise. They don't have to like it, it just is what it is. Our meet and confer phone call appointment is this week, and I will be calling to discuss. From that point, they can do whatever they wish, but it won't change their responsibility under the law. So, when they do not provide what is required, I will simply move to compel.

Funny note, the last time they tried this it was rather unprofessional and actually potentially illegal. The lawyer emailed the judge's law clerk---the judge presiding over the case---and copied me on it. She told the judge that I did not send them the required copy of a motion I had filed. She then asked the judge's office to send her a copy. Now, anyone who's ever been around a court case knows that you don't ask that of the presiding judge....you ask that from the court clerk's office. This was a ploy to try to throw me under the bus--improperly trying to influence the judge's office in the case. Too bad for this lawyer that I had sent out the copy with tracking, and was instantly able to track the mail. I replied, copying the judge's clerk as well, and provided the full tracking, also stating that it happened to be signed for by their receptionist at a specific time.

She tried that stunt on a Thursday morning....and my tracking showed that it arrived in their office the previous day. All of this will be included in the final complaint with the state bar once the case is concluded as well.
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,816
592
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So I feel so blessed right now. I don't know why God chose to give me so much to work with, but I'll take.

HUD's IG Reports
The Government Accountability Report
The webinar held by HUD itself admitting HUD didn't own the Notes it sold
All the negative comments posted in the Federal Register regarding HUD's note sales



I was worried about how to get a video into the record, hence the figuring out how to turn it into a transcription.

There's only one way for me to go and it's finally up, for once.
:)
 

just_me

LoanSafe Member
Sep 14, 2015
503
36
28
So I feel so blessed right now. I don't know why God chose to give me so much to work with, but I'll take.

HUD's IG Reports
The Government Accountability Report
The webinar held by HUD itself admitting HUD didn't own the Notes it sold
All the negative comments posted in the Federal Register regarding HUD's note sales



I was worried about how to get a video into the record, hence the figuring out how to turn it into a transcription.

There's only one way for me to go and it's finally up, for once.
:)
Hmm, Wanda...You may need to certify these. They should be self-authenticating, so I could be wrong... but here's some thoughts... You could potentially use an affidavit to say these are true and correct copies of the info and weave in your story of events (party with knowledge) to introduce each item into evidence. Otherwise, giving them to opposing counsel in advance is notice of evidence. Possibly request certified copies if this can be done. A paralegal also gave me a tip that you can use footnotes to make references that will preserve evidence (in case you appeal and need that additional info later) that is too lengthy to put in argument. For example, making reference or using quotes from a larger piece and *footnoting the whole reference and how many pages, dates or additional item related. An example -You may want to do this with your FC case if that is part of your argument, but you are not providing whole case. I have done this with Attorney General actions and CFBC complaints. You could possibly footnote link to video that you have transcribed.
 

isisis

LoanSafe Member
Jun 22, 2010
1,662
207
63
North bay
That's actually a good idea ISIS. I believe it's possible that opposing counsel may present the fabricated note at MSJ hearing. Do you think this is something I should do? MSJ hearing is in 2 wks. (evidence illustrates spurious signature) My strongest argument is that they did not possess the note at the time of the complaint. (standing) So this fraudulent sig may not matter to the court or be worth arguing. I know many have tried before. -- I was originally thinking to just have evidence handy to counter at hearing if/when they attempt such. They have not presented this (an original wet ink note) and basically have requested ruling on the evidence already on file (a copy they used and certified as true by affidavit but without records proving holder status) I figured if they present new evidence, I can present new evidence against their new evidence. (or alternatively argue to exclude new evidence) I'm mulling a bit on strategy here. I do plan to obtain additional discovery (quickly) and may also request a continuance.
I've read of it being done very successfully indeed, overturning no, having the case thrown out of court right before the other side would have won and received a sizable award. A Texas case, can't remember the name. Not a foreclosure case though.

If you did it you'd probably want to empathize to the attorneys the potential danger they would be in by finding out the applicable penal code or whatever word your state uses for criminal statutes and suggest that should the fraudulent documents be presented in court that you'd feel compelled to notify the proper authorities as well as the state bar.